Kennewick DUI / DWI Attorney.
Because of felony DUI laws, I would be shocked if a judge would vacate a negligent driving conviction within 10 years of the incident.
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The arraignment will be a hearing to enter a formal plea to the criminal charge. Your friend will definitely want to plead not guilty. Having an attorney isn't mandatory, but it would be highly recommended. If she cannot afford an attorney, she can apply for a public defender at arraignment. She will be assigned counsel if she qualifies. Your friend should seek private counsel. Many private attorneys will allow for payment arrangements. Good luck.
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It depends on the employer. If you are required to drive only vehicles equipped with IIDs, you can file a waiver of IID for work purposes. You must go to the dol website, find the pdf for the employer declaration for ignition interlock device, fill it out, have your supervisor sign it, send it to dol, and keep a copy of the declaration with you whenever you drive a work vehicle that isn't equipped with a IID. Go to the dol website and search for form 500025.pdf. Good luck!
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When you request a dol hearing, the suspension of your temporary license is tolled until after the hearing is conducted and you receive a ruling. Unless your license is suspended for another reason, you should be fine to drive. However, I would definitely consult a lawyer, just to be safe. The dol can be really screwy sometimes.
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No. It is not possible to have a felony charge in that scenario. The only way it could be charged as a felony is if, before this incident, you had 4 prior alcohol related driving offenses (defined as priors by statute) in the past 10 years OR if you've had a prior conviction to vehicular homicide/assault. Since no one was injured or killed in your scenario, this must be filed in district or municipal court, most likely as a DUI, which is a gross misdemeanor. Good luck!
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Mr. Clark makes a very good point regarding DUI warrants. A number of prosecutors in the southeastern part of Washington (and throughout Washington for that matter) have been encourging law enforcement officers to seek telephonic serach warrants for blood on DUI refusals. Primarily, in an attempt to make the prosecution of the case easier for them. However, blood draws and warrants open up a whole new can of worms with respect to laws and procedures that need to be followed by law...
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Representing yourself on a DUI charge is never a good idea. You may be thinking that you'll save yourself money by handling the case yourself, but I've seen too many situations where is person ends up taking a "deal," and pleads guilty to something they shouldn't. Also, a lawyer will be able to explain all the implications on your drivier's license and may be able to save you a suspension, ignition interlock fees, insurance costs, etc. Also, you'll be may more likely to violate probationary...
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Hire a good DUI lawyer immediately. That will help put your friend in the best possible position.
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Your rommates can still be charged with furnishing alcohol to minors, even if they are minors themselves. See RCW 66.44.270.
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First, even though you are a minor for purposes of drinking alcohol, the fact that you blew over a .08 will take you out of the "minor DUI" range. A "minor DUI" or minor operating a vehicle after consuming alcohol only applies to minors who have a BAC between a .02 and .079. If your BAC was a .09, it cannot be charged as a "minor DUI." It must be charged as a full DUI. With a .09 BAC, your chances of an offer of an amended charge are good, but hiring an experienced attorney is always the...
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